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Benton County is one of the largest counties in the central portion of the State, containing twenty Congressional townships and an area of 720 square miles.
The surface is generally a beautiful and gently undulating prairie, and presents to the eye an extremely attractive appearance, enhanced by the numerous groves of native and planted timber which dot the face of the country. The soil in the lowlands near the river is sandy, but, as the prairie rises, the coil becomes a deep, black vegetable mold of surpassing fertility. The county is well-watered, and is peculiarly adapted to stock raising.
Rivers and Streams Cedar River, a beautiful stream, which rises in Minnesota, enters Benton County at the northwest corner of Township 86, Range 10. Its general course is nearly south until it reaches Section 16, Township 85, Range 9, when it flows in a general easterly direction to the county line, in Section 13, Township 84, Range 9. Its course is very crooked, however, and it flows about forty miles in Benton County. It is a clear stream with a rapid current. On its banks in numerous places, a variety of fossil shells, corals, agates, carnelians and petrifactions are found.
The Iowa River flows about two miles across the southwest corner of the county, In Sections 31 and 32, Township 82, Range 12.
Big Creek, which flows northeast into Black Hawk County, runs across and waters Bruce Township (86—12). Rock Creek, Pratt Creek, Crooked (now Hinkle) Creek, Mud Creek, Opossum Creek, Wild Cat Creek, Little Bear Creek, Dry Creek, are all tributaries of the Cedar, which waters Benton County on the west and south of that river, and Bear Creek and several others on the east side.
Prairie Creek, another tributary of the Cedar, flows nearly across the southern tier of townships in the county. Buckeye Creek, a tributary of the Iowa River, in Township 82, Range 12, Iowa Township; Salt Creek, another tributary of the Iowa, waters Homer Township.
Timber and Groves The various kinds of oak, hickory, maple, walnut, ash, basswood, elm, cottonwood, willow and hackberry flourish in the rich soil of Benton County.
"Cedar Timber," the timber skirting the Cedar River, especially on the north and east, in Polk, Harrison, Taylor and Benton Townships.
"Big Grove," a large grove of several thousand acres, in Township 84, Range 11, Big Grove Township.
"Scotch Grove," in northeast part of Township 82, Range 9, Florence, and extends into Linn County.
"Parker’s Grove," on Sections 26, 27, 33 and 34, Township 84, Range 9 (Canton).
"Ure’s Grove," on Prairie Creek, in Sections 14 and 18, Township 82, Range 9 (Cue, now Florence Township).
"Darnell’s Grove," on Prairie Creek, in Sections 20 and 21, Township 82, Range 9.
"Cue’s Grove," on Sections 16 and 17, Township 82, Range 9.
"Buckeye Grove," extends for several miles on the west side of Buckeye Creek, in Iowa, Township 82, Range 12.
"Van Meter’s Grove," on Section 32, Township 83, Range 11 (Union Township).
"Lost Grove," Sections 31 and 32, Township 84, Range 9 (Canton Township).
"Crab Apple Grove," Sections 31 and 32, Township 83, Range 9 (Fremont Township).
"Wild Cat Grove," Section 8, Township 84, Range 9 (Canton Township), a continuation of "Cedar Timber."
"Round Grove," Section 12, Township 84, Range 11 (Big Grove Township).
"Garrison’s Grove," in Sections 19, 29 and 30, Township 85, Range 11 (Jackson Township).
"School Grove," on Sections 15, 16, 17 and 22, Township 85, Range 11.
"Helm’s Grove," on Section 13, Township 85, Range 11.
"Yankee Grove," on Sections 15 and 22, Township 85, Range 12 (Monroe Township).
"Brush Grove," on Section 31, Township 86, Range 12 (Bruce Township).
"Spencer’s Grove," on Sections 2, 3 and 11, Township 86, Range 9 (Polk Township).
The southwest has but little timber, except in Iowa Township and along Prairie Creek, where there are some small groves. Added to this amount, nearly every farmer in the county has planted a grove of cottonwood, silver-leaf maple, or other fast-growing wood, which have now reached a sufficient size to be extensively used for the ordinary purposes of fencing and fuel. The broad prairies of the county are thus dotted over with cultivated groves, which not only beautify an adorn the face of the county, but form an attractive feature to travelers and emigrants seeking a home in the State, and add very materially to the real wealth of the county.
Building Stone An excellent quality of building stone is found in several portions of the county, but the best quarries are at Vinton and along the Cedar River. These quarries are inexhaustible in extent, and the quality of the stone is equal to any found in the West. When first taken out, the rock is of a brown color, and so soft that it is easily molded into any desired shape; but by exposure to the atmosphere, the color is changed to a white, closely resembling marble, and becomes perfectly hard and lasting, as its durability has been fully tested. The main buildings of the Iowa State College for the Blind, at Vinton, are built of this stone, taken from quarries situated some two and a half miles northwest of its location. Excellent quick line is made from these stone, while an abundance of good sand and brick clay is found in all parts of the county, and at Shellsburg an extensive business in the manufacture of earthenware has formerly been carried on. Coal has been found at Blairstown, Belle Plaine, and some other places, but not in quantity or quality to justify working. This county is also in the section known as the "drift region," as granite boulders of all sizes are found scattered over its surface, although not quite so plentifully as in some of the counties further north.
The banks of the Cedar River are full of fossils, and fossil corals, shells, etc., abound in the rock.
The elevations of a few places in Benton County above the level of the sea are given herewith: Norway Station, 780 feet; Blairstown, 850 feet; summit east of Buckeye Creek, 913 feet; Buckeye Creek at C. & N. W. crossing, 820 feet; Belle Plaine Station, 832 feet; water in Cedar at Vinton, about 790 feet.
The County Surveyed Township 82, Range 9, was surveyed by A. L. Brown, Deputy U. S. Surveyor, in 1843. Townships numbered 83, 84, 85 and 86, in Ranges 9, 10 and 11 west, were also surveyed in 1843, by Isaac N. Higbee, Deputy Surveyor. Townships 82—10 an 82—11 were surveyed by A. L. Brown, in 1844. Townships 82, 83, 84, 85 and 86, Range 12, were surveyed in 1845, by James Fenning.
Civil Divisions Benton County contains twenty Congressional townships, viz.: townships 82, 83, 84, 85 and 86 north of Ranges 9, 10, 11 and 12 west.
In 1878, there were 21 civil or political townships in the county, viz.: Florence (82—9); St. Clair (82—10); LeRoy (82—11); Iowa (82—12); Fremont (83—9); Eldorado (83—10); Union (83—11); Kane (83—12), Canton (84—9); Eden (84—10); Big Grove (84—11); Homer (84—12); Benton (85—9); Taylor (that part of 85—10 not embraced within the corporate limits of the city of Vinton); Vinton (the territory embraced by the corporation of Vinton City); Jackson (85—11); Monroe (85—12); Polk (86—9); Harrison (86—10); Cedar (86—11), and Bruce (86—12).
It has been stated that an election was held in Benton County, in 1843, at which the settlers voted for Linn County affairs. If there was such, no records were preserved, and the Auditor of Linn County, under date of July 25, 1878, certifies that "I have examined the records as desired, and found nothing whatever pertaining to Benton County officers; if Benton County was ever a part of Linn County, there is no record disclosing the fact. The fact that the county was not open to settlement until the 1st of May, 1843, squatters here prior to that time being trespassers upon Indian domain, would seem to indicate that there could not have been election held in the county as early as the August following. It is more probable that a Justice of the Peace might have been appointed by the Governor of the Territory, and the appointment of Constables by him might have given rise to the tradition of an election."
County Boundaries Defined Section 9 of an act of the Territorial Legislature of Iowa, entitled "An act to establish new counties and define their boundaries in the late cession from the Sac and Fox Indians, and for other purposes," approved February 17, 1843, provided "That the following boundaries shall constitute a new county and be called Benton, to wit: beginning at the northwest corner of Linn County, thence west to Range 13 (thirteen west; thence south on said line to the corner of Townships (81) eighty-one and (82) eighty-two, of Range (13) thirteen and (14) fourteen west; thence east to southwest corner of Linn County, thence north to the place of beginning."
Tama County was established at the same time, and Benton and Tama and the territory west were attached to Linn County for judicial, revenue and election purposes.
Section 12 of the above act provided as follows:
That so soon as the treaty made by Governor Chambers with the Sac and Fox Indians shall have been ratified by the United States Senate, and the Indians removed from the late purchase the Board of County Commissioners of each organized county to which any of the new counties is attached, for judicial or other purposes, shall have the boundaries of any of the new counties surveyed and marked out as near as may be to correspond with the spirit and meaning of this act; which boundaries shall remain as the county boundaries until the county is surveyed by the United States, and that the township lines shall remain and be the county boundaries thereafter.
The Governor of the Territory was authorized by Section 13 of the same act, to appoint as many Justices of the Peace as he deemed expedient, in any of the new counties established by the act, and elsewhere within the boundaries of the Territory of Iowa, except in organized counties. Such Justices were appointed for two years, and each Justice so appointed was empowered to appoint two Constables.
The treaty with the Sacs and Foxes was made by Governor Chambers, October 11, 1842, and ratified by the United States Senate, March 23, 1843. The Indians were to retain possession of the ceded lands until May 1, 1843, and the territory west of a line drawn north and south through Redrock, until October 11, 1845. (See page 179).
While much of the larger part of Benton County was in the possession of the Sac and Fox Indians until May, 1843, a small portion of the territory now included in the county was included in the 1,250,000 acres purchased of the Indians in 1837. (See treaty of 1837, page 162). The west line of this purchase crossed the Cedar River near the west line of Benton Township, and included very nearly one tier to townships on the east side of the county. Township 86, Range 9, was included in this purchase, and the earliest settlers, in 1839-40, were very near the Indian line.
Early Settlement Early in 1839, George Wright and John Smith, two young men, located on Section 24, in Township 84, Range 9 (Canton), built a cabin and broke some prairie. This was probably the first cabin built by white men in Benton County. About the same time, James Scott came in and built a cabin. A little later in the same year, Samuel M. Lockhart, with his family, settled in the northeast part of the county, on Section 34, Township 86, Range 9. Shortly afterward, probably in 1840-41, James Downs, Thomas Way, Thomas Kendrick and Price Kendrick settled near Lockhart, and the little pioneer hamlet was called "Hoosier Point" until, in 1847, a town was laid out and called Marysville. Beal Dorsey came with Wright, Smith and Scott, but settled first, it is said, in Linn County. Charles Hinkley is supposed to have been a squatter in Benton County as early as 1839.
In 1840, Samuel K. Parker settled in Township 84, Range 9, near a grove since called Parker's Grove. Jacob Bonsall settled in the county in 1840, but after two or three years moved away. Gilman Clark located in the same year about a mile and a half southeast of the present village of Shellsburg. Stedman Penrose came in the same year; also A. D. Stephens, J. W. Filkins, Joseph Remington, and perhaps others.
It has been said that Reuben Buskirk settled here in 1840, east of Vinton, near the county line; that he died October 10, 1842, being the first death in the county; that there was no lumber with which to make a coffin, and the few settlers felled a linn tree, cut a log of the proper length, split it and laid one-half of it in the grave, and on this the body of the deceased Buskirk was laid, suitable blocks placed at his head and feet, and the other half of the log laid over him and the grave filled, and that there were five men and three women at the funeral. Mr. Lyman D. Bordwell, who was one of the five men present at the funeral, states that this is all correct, except that Buskirk settled just across the line, in Linn County.
In April, 1842, Jacob Cantonwine settled and built a cabin on the site of the future village of Shellsburg. Mrs. Bordwell came with his family. September 13, 1842, Lyman D. Bordwell, familiarly known as "Black King",* arrived at the frontier settlements in Benton County, purchased the claim and improvements of Wright and Smith, settled and lived there until 1849, when he removed to Sections 21 and 22, Township 85, Range 10, where he still resides. James Rice settled in 1849.
John Mason, George Sanders, John Royal and others came about 1842-3.
For eight or ten years after these first settlements, the population of the county increased very slowly, but it is to be noted that nearly all who came became permanent settlers. No records show the dates of settlement, and it is hardly possible to be literally correct, as men's memories of events that occurred thirty-five years ago are not always accurate. Below will be found the names of a few of the pioneers who came to Benton County between 1843 and 1851, with the date of their arrival as nearly as can be ascertained: Hyrcanus Guinn, Hugh Brody, F. Bryson, Stephen Brody, Joseph Bryson, William Mitchell, Jesse Brody, Josiah Helm, Joseph C. Rouse, 1843; S. R. Price, George McCoy, 1844; J. R. Pratt, David S. Pratt, L. W. Hayes, Chauncy Leverich, Stephen Holcomb, all in 1845; John Alexander, 1846-7; A. H. Johnson, 1846; David Jewell, John Renfrew, 1846; George Sanders, 1847; James Leverich, 1845-6; Daniel Harris and John S. Epperson, 1847; Elijah Evans, 1847; Charles N. Moberly, 1847; C. C. Charles, 1848; J. S. Forsythe, 1848; John C. Traer, 1851; Russell Jones, 1850; James Harmely, Martin Webb, Amos Anderson, James Pooley, Thomas Mahin, Samuel Rosebury, Alexander Moody, Elias Doan, John Leard, Abel Cox, Aaron Webb, James F. Beckett, D. S. Brubacher, James Chapin, W. C. Stanbury, John R. Speak, William Riley, David Fonts, Dr. C. W. Baffum, G. B. White, M. D. L. Webb, Francis Sander and six sons; Caleb Chapin, Stephen Chapin, James Wood, W. O. Sanders, William Bell, William Cline, I. D. Simison, J. F. Young, James Crow, Thos. Beckett.
According to the best information now available, it appears that the first birth in the county was that of William Penrose, son of Stedman Penrose, who was born in August, 1841; and the next, Mary North, daughter of Loyal F. North, January 8, 1843; and the next, Lucinda, daughter of Lyman D. Bordwell, July 5, 1844.
The records of Linn County indicate that the first couple married in the territory of Benton County was Charles Hinkley, aged 30 years, and Mary Helm, aged 45 years, by Perry Oliphant, in 1839. Oliphant made two trips to Marion for the license. They were married about midnight, in a log house, with no witnesses except the officiating Justice. Afterward, Henkley had one leg amputated by Dr. S. H. Tryon, and in 1848 was convicted of arson. She petitioned for divorce. John Alexander was her attorney, and succeeded in procuring a decree, with the assistance of some of the boys, with whom, however, he refused to divide his fees. As Benton County was not created until 1843, it is a little doubtful whether this marriage should be credited to it.
The first marriage license, after the organization of the county, appears to have been issued by David S. Pratt, Deputy Clerk of the District Court, to Joseph Onstott and Miss Sarah Patch, aged about 42 years, respectively. These parties were married June 20, 1847, by Lyman D. Bordwell, Justice of the Peace.
The first death was that of Christian Kensinger, Mrs. Bordwell's father, who came to the county in the Fall of 1843, and died May 5, 1844.
The first school house erected in the county, so far as can now be ascertained, was built of logs on Section 25, Township 86, Range 9, and known to the early settlers as the "Johnson School House." It was built in 1845-6, and the first school in the county was taught in it in 1846-7, by Francis James Rigaud, who was an educated man who "wrote a magnificent hand." Rigaud lived in a little log cabin near the present site of Wilmington. He died in 1847-8.
*Mr. Bordwell says that in earlier days, in some difficulty he had with Mr. Holcomb, he told that gentlemen that he (Bordwell) would show him that he (Bordwell) was "King of the Prairie." I. D. Simison, who was present thereupon called him the "Black King."First Entries Polk township (86—9), Abner N. Spencer, part of Sections 2, 10 and 11, September 27, 1848; Malinda Lockhart, southwest quarter of the northwest quarter of Section 24, May 1, 1846; Barney D. Springer, south half of the southeast quarter of Section 26, June 15, 1846; Joseph Remington, west half of the northeast quarter of Section 34, April 7, 1846; William Mitchell, part of Section 34, June 19, 1846; Jacob Remington, October 3, 1846; Caleb S. Hendrys, southeast quarter of the northeast quarter of Section 36, November 3, 1845; Samuel M. Lockhart, west half of the northwest quarter of Section 36, November 17, 1845.
Harrison Township (86—10), William Hendrickson, northeast quarter of Section 28, June 13, 1849.
Cedar Township (86—11), John Houx, southeast quarter of the southeast quarter of Section 25, July 16, 1851; Stephen King, part of Section 25, August 2, 1852.
Bruce Township (86—12), Lewis M. Carlisle, parts of Sections 31 and 32, June 29, 1853.
Benton Township (85—9), George W. Brice, part of Section 1, May 6, 1846; Hugh Brawdy, June 26, 1856; Edwin B. Spencer, part of Section 7, November 1, 1845; Charles Cantonwine, part of Section 31, December 10, 1845.
Taylor Township (85—10), William A. Bryson, part of Section 1, June 20, 1846; Samuel Morse, part of Section 10, March 10, 1846; John Renshaw, Samuel K. Parker, Joseph R. Strawn and Gideon B. White entered in 1846.
Jackson Township (85—11), William Helmes, part of Section 15, June 26, 1848; Sarah Harris, part of Section 12, October 11, 1848; Ebenezer Mulinick, part of Section 29, June 26, 1848.
Monroe Township (85—12), Grenville C. Slader, part of Section 15, June 30, 1851.
Canton Township (84—9), Daniel Ousted, part of Section 3, April 20, 1846; Charles A. Belnap, part of Section 11, May 13, 1846; Loyal F. North, part of Section 12, February 7, 1846; Stedman Penrose, Edward Karlsback, part of Section 12, December 30, 1845.
Eden Township (84—10), Elias Doan, part of Section 7, May 31, 1849.
Big Grove Township (84—11), Hans Hanson, part of Section 11, April 11, 1848.
Homer Township (84—12), Benjamin Kunkle, part of Section 29, October 23, 1854.
Florence Township (82—9), John Ure, part of Section 14, April 1, 1846; Hiram Usher, part of Section 18, February 14, 1846; William Thomas, part of Section 22, February 19, 1846.
Fremont Township (83—9), Edward Connolly, part of Section 32, March 12, 1853.
St. Clair Township (82—10), William T. Scott, part of Section 26, October 18, 1852.
Eldorado Township (83—10), James S. Easley, part of Section 26, September 8, 1854. Nearly all of this township was entered in the Fall of 1854.
LeRoy Township (82—11), George Titter, part of Section 26, October 24, 1850.
Union Township (83—11), Sarah Ann Matsinger, part of Section 32, October 27, 1851.
Iowa Township (82—12), Hyrcanus Guinn, part of Section 27, September 3, 1851; Samuel Yeomans, part of Section 21, September 13, 1851.
Kane Township (83—12), Levi Marsh, part of Section 32, September 20, 1853.
Organization of the County There appears to have been no uniform rule or custom in the Territory or State of Iowa for the organization of counties, the boundaries of which were previously established by statute. Benton County was declared to be organized by act of the Territorial Legislature; and as these statutes are rare, the act may be valuable for reference if inserted here, as follows:
An Act For the Organization of Benton County Section 1. -- Be it enacted by the Council an House of Representatives of the Territory of Iowa That the county of Benton be and the same is hereby organized from and after the 1st day of March next, and the inhabitants of said county shall be entitled to all the rights and privileges to which, by law, the inhabitants of other organized counties of this Territory are entitled; and said county shall constitute a part of the third Judicial District of this Territory.
Sec. 2. – That there shall be a special election held on the first Monday in the month of April next, at which time the county officers for said county shall be elected, and also such number of Justices of the Peace and Constables for said county as may be ordered by the Clerk of the District Court for said county.
Sec. 3. – That it shall be the duty of the Clerk of the District Court in and for said county to give at least ten days’ previous notice of the time and place of holding such special election in said county, grant certificates of election, and in all respects discharge the duties required by law to be performed by Clerks of the Boards of County Commissioners, in relation to elections, until a Clerk of the Board of County Commissioners may be elected and qualified.
Sec. 4. – That it shall be the duty of the Clerk of the District Court in said county to discharge all the duties required by law to be performed by Sheriffs, in relation to elections, until a Sheriff for said county may be elected and qualified.
Sec. 5. – That the county officers, Justices of the Peace and Constables elected under the provisions of this act shall hold their offices until the first Monday in August, 1846, and until heir successors are elected and qualified.
Sec. 6. – That the Clerk of the District Court in and for said county of Benton may be appointed and qualified at any time after the passage of this act.
Sec. 7. – That all actions at law or equity in the District Court for the county of Linn, commenced prior to the organization of said county of Benton, when the parties or either of them reside in said county of Benton, shall be prosecuted to final judgment, order or decree, as fully and effectually as if this act had not been passed.
Sec. 8. – That it shall be the duty of all Justices of the Peace residing within said county of Benton to return all books and papers in their hands, pertaining to said office, to the next nearest Justice of the Peace who may be elected and qualified in and for said county under the provisions of this act; and all suits at law or other official business which may be in the hands of such Justice of the Peace, and unfinished, shall be prosecuted and completed by the Justice of the Peace to whom such business or papers may be been returned, as aforesaid.
Sec. 9. – That the judicial authorities of Linn County shall have cognizance of all crimes or violations of the criminal laws of this Territory committed within the limits of said county of Benton prior to the 1st day of March next; Provided, prosecutions be commenced under the judicial authorities of said Linn County prior to the said 1st day in March next.
Sec. 10. – That said county of Benton shall have cognizance and jurisdiction of all crimes or violations of the criminal laws of this Territory, committed prior to the 1st day of March next, in cases where prosecutions shall not have been commenced under the judicial authorities of Linn County.
Sec. 11. – That the county of Tama and the counties lying west of said county of Tama be and the same are hereby attached to the county of Benton, for election, revenue and judicial purposes.
Sec. 12. – That the Clerk of the District Court in and for the county of Benton may keep his office at any place within said county, until the county seat thereof may be located.
Sec. 13. – That Joseph A. Se_rest, of Jones County, Lyman Dillon by Dubuque County, and Joseph A. Downing, of Cedar County, he and they are hereby appointed Commissioners to locate and establish the county seat of the county of Benton.
Sec. 14. – That said commissioners, or a majority of them, shall meet at the office of the Clerk of the District Court of the county of Benton, on the first Monday of May next, or at such other time, not exceeding thirty days thereafter, as a majority of them may agree.
Sec. 15. – Said Commissioners shall first take and subscribe to the following oath, to wit: "We do solemnly swear (or affirm) that we have no personal interest, either directly or indirectly, in the location of the seat of justice of the county of Benton, and that we will faithfully and impartially locate the same, according to the best interests of said county, taking into consideration the future as well as the present population of said county;" which oath shall be administered by the Clerk of the District Court, or any other officer authorized by law to administer oaths within the county of Benton; and the officer administering said oath shall certify and file the same in the office of the Clerk of the District Court of said county, whose duty it shall be to record the same.
Sec. 16. – Said Commissioners, when met and qualified under the provisions of this act, shall proceed to locate the seat of justice of said county of Benton; and as soon as they shall have come to a determination, the same shall be committed to writing, signed by the said Commissioners and filed with the Clerk of the District Court of said county, whose duty it shall be to record the same and forever keep it on file in his office; and the place thus designated shall be the seat of justice of said county.
Sec. 17. – Said Commissioners shall each be entitled to receive the sum of $2 per day while necessarily employed in the said location, and the sum of $2 for every twenty miles’ travel to and from the said county seat, which shall be paid by said Benton County out of the first funds arising from the sale of lots in such seat of justice.
Sec. 18. – The county of Black Hawk is hereby attached to said county of Benton for election, judicial and revenue purposes.
Sec. 19. – This act to take effect and be in force from and after its passage.
Approved, January 17, 1846.
The First Election It has been stated that there was an election in Benton County in 1843, on the first Monday in August, at which the settlers voted for Linn County officers. While the closest inquiry fails to substantiate the fact, it would seem that there must have been elections of some sort held prior to 1846, or the conclusion must be adopted that Justices of the Peace were appointed by the Governor, as it seems to be almost certain that the county had some Justices before its organization as an independent county.
Under the act organizing the county of Benton, the appointment of a Clerk of the District Court was provided for, presumably by the Judge of the District Court, but there are no records to show such appointment, or authenticate the statement that at the first election there was but one voting precinct in the county, and the only voting place was at Parker’s Grove, although it is probable that among the heterogeneous mass of papers in the vaults of the Court House, some record might be found. It is here to be remarked that the county of Benton owes it to itself to collect, revise and place in suitable condition the old papers alluded to, and record such as should be recorded. While the records and papers of the county for the last fifteen or twenty years, or since 1863, are well arranged and well kept, prior to that time the archives of the county are in a lamentably and inexcusably chaotic state. Many of the records are utterly lost, while numerous papers, many of them doubtless valuable, are scattered in a state of almost inextricable confusion in the "great vault." The County Commissioners’ records are all lost, unless they shall be found by a thorough re-examination and arrangement of the documents. If these remarks shall produce the needed reform, the historian will not have labored in vain.
Permitted by the county officers to rummage among these ancient documents, he found a package marked "Omnium Gatherum; old papers." In this dusty package, securely hidden in a musty pigeon-hole among a lot of wolf bounty certificates of 1846-7, he found the original abstracts of the elections from April, 1846, to 1851, which are nowhere on record. Also the certificates of election, from which it appears that William J. Berry was the first District Clerk of Benton County appointed according to law. He also found one leaf (two pages) of the early Commissioners’ records, and some other valuable historical documents.
It is said that the first election was held at Parker’s Grove, and that Beal Dorsey, Stedman Penrose and Lyman D. Bordwell were the Judges, and David S. Pratt and John Royal were the Clerks. This is probably true.
Abstract of an Election Held on the first Monday in April, A. D. 1846, in the county of Benton, Territory of Iowa, for the purpose of electing three County Commissioners, one Sheriff, one Commissioners’ Clerk, one Coroner, one Recorder, one Surveyor, one Judge of Probate, one Collector and Treasurer, one Inspector of Weights and Measures, one Assessor, three Justices of the Peace and three constables:
For County Commissioners – Edwin B. Spencer had 35 votes; Samuel M. Lockhart, 22; Stedman Penrose, 35; Samuel K. Parker, 33.
For Sheriff – John Royal had 33 votes; Lewis W. Bryson, 22.
For Commissioners’ Clerk – David S. Pratt had 42 votes.
For Recorder – Irwin D. Simison had 24 votes; James Downs, 11; Jonathan R. Pratt, 5; D. S. Pratt, 3.
For Coroner – Fielding Bryson had 41 votes.
For County Surveyor – Irwin D. Simison had 20 votes; David S. Pratt, 10; Francis J. Rigand, 16; Jonathan R. Pratt, 2; Beal Dorsey, 1; Jonathan Pratt, 1.
For Collector and Treasurer – Beal Dorsey had 35 votes; Lewis W. Bryson, 6.
For Assessor – Isaac Onstrott had 27 votes; Price Kendrick, 28.
For Inspector of Weights and Measurers – Davis S. Pratt had 39 votes.
For Judge of Probate – Jonathan R. Pratt had 37 votes; James M. Denison, 14.
For Justices of the Peace – Fielding Bryson had 39 votes; Irwin D. Simison, 21; Stephen Holcomb, 21; Charles Cantonwine, 30; Jonathan R. Pratt, 5; Gilman Clark, 14; Stedman Penrose, 7; George Miller, 1; -- Miller, 1; *Siven Hoken, 1; George Cantonwine, 1.
For Constables – Price Kendrick had 49 votes; Samuel Stephens, 28; Samuel L. Morse, 28; Beal Dorsey, 38, George Cantonwine, 2; L. D. Bordwell, 2; V. M. Gray, 1.
(Signed) Wm. J. Berry,
Clerk of the District Court
Perry Oliphant
Hartzell Hittle,
Justice of the Peace.
(*Intended for Stephen Holcomb.)
From this abstract, which is a copy of the original document, it does not appear that a Clerk of the District Court was elected. In the vote for Sheriff and Assessor, it seems that fifty-five votes were polled at this important and doubtless exciting first election in Benton County.
Although Stephens and Morse had an equal number (nine) votes for Constable, Clerk Berry appears to have declared Stephens elected, as in a precept to the Sheriff he orders that officer to notify Stephens of his election. Stephen Holcomb was also declared elected Justice of the Peace on the 6th day of April, 1846, although Simison had an equal number of votes. Sheriff-elect Royal took and subscribed the oath of office before Wm. J. Berry, Clerk of the District Court, April 8, 1846. Samuel K. Parker took the oath of office as Commissioner, April 8, 1846. Spencer a little later, and Penrose on the 13th. It is noticeable that the Clerk, Mr. Berry, used an American quarter of a dollar for a seal attached to his certificate. The other officers-elect were also duly sworn, and entered upon their duties, the most of them in April.
Location of the Seat of Justice But little can now be ascertained in relation to the action of Commissioners Secrest, Dillon and Downing in the location of the seat of justice of Benton County. They probably deposited in the office of the Clerk of the Court, if there was one at the time the location was made, if not, with the Commissioners’ Clerk, their determination in writing, as required by law; but if they did, it is not preserved – at least it cannot be found.
From other sources of information and from the remembrances of those who were here at that time, the fact is established that the Commissioners met in May, 1846, as directed by law, and located the seat of justice of Benton County on the northeast quarter of Section 21, Township 85 north of Range 10 west of the Fifth Principal Meridian, and it is believed named it
Northport The following copy of an order from the page of the County Commissioners’ records is proof positive that the first county seat was called Northport. The record is not dated; but from other entries and from subsequent events it is reasonably certain that the order was passed by the first Board of County Commissioners in June or July, 1846, possibly in May.
"Ordered, by the County Commissioners, that the County Surveyor of Benton be directed to proceed and lay out the town of Northport, the county seat of Benton, on the northeast quarter of Section 21, Range 10 west, on the ground selected by the Commissioners appointed by law, and that the County Surveyor hire the necessary chain curriers and stake drives, and at the usual price, and at the expense of the county. The plat submitted by the County Surveyor this day is approved of."
Irwin D. Simison was the County Surveyor who made the plat mentioned in the order above. Mr. Bordwell, whose memory of events and dates is remarkably good, says that the town of Northport was laid out early in the Summer of 1846; that a sale of lots took place and several were bid off, but the sale was never consummated. The plat which was made was never recorded; or if it was, no record thereof is now in existence.
The First Court House Having a county seat, it became essential that a court House should be provided. The Commissioners were equal to the emergency, for the following order immediately follows the above:
Ordered. That the Commissioners’ Clerk cause notices to be posted at three places in the county for contracts to be received for building a hewed log Court House at Northport, in Benton County, of the following dimensions, viz: 20x24 feet, two stories high, eight feet between floors; white oak, maple or ash floors – laid in a workmanlike manner – one door below, three windows, of twelve lights each, one in each side of the house and one in the end; one pair of stairs three feet wide – joist white oak timber 4x7 inches, twelve in number, twelve sleepers of good, hard timber; three twelve-light windows of the same size upstairs; oak shingle roof with lath or sheeting. The upper floor to be divided by partitions into three rooms, and to each room a door and window; plastered inside and out with lime. The letting of the contract will be by sealed proposals to be sent to the County Commissioners’ Clerk previous to Saturday, 24 (June 3), when the lowest bidder will be declared. Bond for the faithful performance of the contract will be required. For further information apply to the County Commissioners’ Clerk.
The Commissioners appear to have made three election precincts in the county, and appointed Judges of Election as follows:
No. 1 Precinct – E. B. Spencer, S. M. Lockhart and James Downs.
No. 2 Precinct – L. F. North, S. Penrose and G. Clark.
No. 3 Precinct – S. L. Morse, Jas. Smith, Sr., and I. D. Simison.
Immediately following this action is the following entry:
Ordered. That the court for receiving bids for the Court House be held at _______.
The fact that at the election, August 6, 1846, there were three precincts voting, and that very soon after the precincts were erected into townships, is a further indication that the above action was in June or July, 1846. The walls of the log Court House were laid upon the site selected at Northport in 1846 or ’47. The town plat was recorded February 12, 1848, by Samuel M. Lockhart, Loyal F. North and Thomas Way, County Commissioners; I. D. Simison, County Surveyor (who laid out the town of Northport in 1846), and named Vinton, it is said in honor of the Hon. P. Vinton, a Member of Congress from Ohio, who sent $50 to be invested in town lots, provided the name of the county seat should be changed from Northport and called Vinton, which was done. ‘Squire Bordwell says the $50 was invested, but not in Vinton town lots. The plat of Vinton, as originally recorded, shows a nice public square, in the center of which is rudely portrayed, with a pen, what is supposed to be intended for the representation of the Scales of Justice. The term of court in September, 1848, was held, according to the record, in the log Court House at Vinton.
School Districts The first Board of County Commissioners, evidently on the same day that the above orders were passed, also passed the following:
Ordered, That Town 86, Range 9, be School District No. 1.
Ordered, That Town 85, Range 9, be School District No. 2.
Ordered, That as much of Town 85, Range 10, as lies north of Cedar River be School District No. 3.
Ordered, That District No. 4 shall commence at northeast corner of Town 83, Range 9 west, then running west along said line two and a half miles; then south to Parker’s Grove; then east to the county line; then north to the place of beginning.
Ordered, That District No. 5 shall commence at the southeast corner of Town 84; thence north along the line to Cedar River; then west to the west line of Town 84; then south along the said line three miles; then east to the place of beginning.
Ordered, That District No. 6 shall include all the settlement west of Town 84.
Ordered, That all settlements west of Range 9 west shall be considered as District No. 3.
The last order appears to have been an afterthought. On the same stray leaf of record are the appointments of Thomas Way, Supervisor of Precinct 2, and William Bellows and John Brody, Supervisors in Precinct 1.
Election of August, 1846 The officers elected in April could only hold until the first Monday in August following. The orders above quoted in relation to the survey of Northport, the county seat, could not be executed before that election, which resulted in placing in office an almost entire new Board of County Commissioners, as will appear from the following "Abstract of the votes polled at the August election in Benton County, for the purpose of electing county and precinct officers, August 6, 1846." At this election there were three voting precincts. No civil townships had yet been made:
For County Commissioners – S. M. Lockhart had 53 votes; Charles Cantonwine, 31; L. F. North, 51; J. R. Pratt, 17; S. K. Parker, 12.
For Clerk of Commissioners’ Court – D. S. Pratt had 33 votes; Stephen Holcomb, 22.
For Sheriff – James Downs had 37 votes; John Royal, 20.
For County Surveyor – F. J. Rigaud had 35 votes; I. D. Simison, 13.
For Coroner – Thomas Way had 39 votes; F. Bryson, 11.
For Recorder – Irwin D. Simison had 10 votes; Lester W. Hayes, 40.
For Collector and Treasurer – Beal Dorsey had 21 votes; S. L. Morse, 23.
For Assessor – Price Kendrick had 37 votes; I. D. Bordwell, 16.
For Judge of Probate – J. R. Pratt had 15 votes; James Denison, 28.
For Inspector of Weights and Measures – Aaron Hain had 2 votes.
Precinct No. 1 – F. J. Rigaud had 23 votes; L. W. Hayes, 20 – for Justices of the Peace, and were elected; Price Kendrick, 20; James Smith, Jr., 20 – for Constables, and were elected.
Precinct No. 2 – I. D. Bordwell had 15 votes; G. W. Miller, 10; Gillman Clark, 5 – for Justices of the Peace, and Bordwell and Miller were elected; James A. Scott, 7; Beal Dorsey, 6 – for Constables, and were elected.
Precinct No. 3 – Stephen Holcomb had 6 votes; Charles Cantonwine, 6 – for Justices of the Peace, and were elected; Adam Kean, 6; Aaron Hains, 6 – for Constables, and were elected.
Black Hawk Precinct (all of Black Hawk County) – S. W. Hanna had 4 votes; E. D. Adams, 4 – for Justices of the Peace, and were elected; John Melrose, 3 – for Constable, and was elected.
(Signed) D. S. Pratt,
Clerk of the Board of Commissioners
Charles Cantonwine,
L. D. Bordwell,
Justices of the Peace
The law required two Justices to act with the Clerk as a Board of Canvassers. There was only one, Cantonwine; but Bordwell had been elected, and the Judges so declaring, was duly sworn by the Clerk, and acted as one of the Board. Black Hawk County voted for Benton County officers at this election, but its vote was not very large. There was no Clerk of the District Court elected at this election, and yet on the fourth Monday in August, 1846, when the first term of the District Court was appointed to be held, J. R. Pratt appears of record as Clerk, probably appointed by the Judge, as Berry had been. At the same election, forty-one votes were cast for the State Constitution, and seventeen against it.
The First Post Office in Benton County was established October 1, 1846, and called Vinton. Stephen Holcomb was appointed Postmaster. From this fact it would seem that the name "Northport" was changed to Vinton about that time.
The First Deed made in Benton County after its organization, and the first recorded on Page 1 of Book A, Benton County Records, was a deed made by William Mitchell and Sarah Mitchell, his wife, to Anderson Amos, conveying forty acres, being the southeast quarter of the northwest quarter of Section 34, Town 86, Range 9. The witnesses were Daniel Wilson and John Brody. The instrument was executed and acknowledged before F. J. Rigaud, Justice of the Peace, September 25, 1846, and recorded by Lester W. Hayes, October 12, 1847 (6), at 2 o’clock P. M.
The second was a warranty deed, executed October 15, 1846, by Charles A. Belknap and Elizabeth L. Belknap, his wife, to Levi Lewis, conveying forty acres of land, for a consideration of $1 per acre. The witnesses to this deed were John L. Shearer and Henry Nelson; and all parties – grantors, grantee, witnesses and magistrates – lived in Linn County, but the land was in Benton.
The first record of sale of personal property recorded in the records of Benton County was a bill of sale of one yoke of oxen, one two-horse wagon, three log chains, one brown cow and one yearling calf, made by Charles Hinkley to S. H. Tryon. It was executed and recorded January 13, 1847, acknowledged before L. W. Hayes, a Justice of the Peace, recorded by L. W. Hayes, Recorder, and witnessed by L. W. Hayes and Joel Nation.
Immediately following is a receipt given by Tryon to Chauncy Leverich, in full of all demands against Charles Hinkley.
Vote for State Officers, October, 1846 Having held two elections in 1846, the settlers in Benton held still another, on the 26th day of October, at which they cast their votes for State officers, the Constitution having been adopted. The abstract shows the following:
For Governor – Thomas McKnight had 28 votes; Ansel Briggs, 13.
For Congress – Joseph H. Hedrick had 26 votes; G. C. R. Mitchell, 21; S. C. Hastings, 18; Shepherd Leffler, 10.
For Secretary of State – James H. Cowles had 26 votes; Elisha Cutter, Jr., 9; E. Cutter, 1.
For Treasurer – Morgan Reno had 10 votes; Egbert T. Smith, 26.
For Auditor – Estin Morris had 26 votes; Joseph T. Falls, 10.
We do certify the above to be a correct abstract of the votes given in Benton County, Iowa, October 28, 1846.
(Signed) Stephen Holcomb,
(Attest) D. S. Pratt Charles Cantonwine,
Justice of the Peace of Benton County, Iowa
A Model Judge of Probate The following unique document is apparently in the handwriting of Judge Mitchell, except the certificate of the Clerk, and leaves the inference that Judge Denison had resigned or had not accepted the trust:
State of Iowa, Benton County, ss., You dew solomly sware that You will Well And Truly support The Constitution of The united States of America And of this State, And faithfully And impartially to discharge the duties Required of you by law As Judg of probate, so helpe you god.
This, the 9th day of March, A. D. 1847.
(Signed) James Mitchell
Sworn and subscribed to before me this 9th day of march, A. D. 1847.
D. S. Pratt,
Deputy Clerk of the District Court
The First Probate Court Immediately after his appointment and qualification, as above, Judge Mitchell appears to have held a Probate Court, and appointed Irwin D. Simison Administrator of the estate of William Carter, late of Town 85, Range 10. It is proper to add that the early probate records were collected and accurately transcribed by Judge John S. Forsyth.
Judge Mitchell appears to have had a system of orthography and method of doing business peculiarly his own; and the transcript of proceedings in the first case before him will be found interesting:
Probate Office, Fremont, Benton County, Iowa
A transcript of the proceedings had before James Mitchell, Judge of Probate for Benton County, Iowa:
Know all men by these Presen’s, That we, Irwin D. Simison, Samuel K. Parker and Beal Dorsey, are held and stand firmly bound unto James Mitchell, Judge of Probate, or his successor in office in the county of Benton, in the State of Iowa, in the sum of eight hundred dollars, to be void on these conditions: If the said Irwin D. Simison shall make and return in the said office of Probate Cort of said county, within thre months, A true inventory of all the real estate and all the goods, chattels, rights and credits of the said William Carter, deceasett, and the proceeds of all his real estate that may be sold for the payment of his debts, which shall at any time come to the possession of the said Erwin D. Simison, administrator of the deceaste William Carter, or to the possession of the said Erwin D. Simison, administrator of the deceaste William Carter, or to the possession of any person for him, and to render a firm oath, a true account of his administration within one year, and at any other times when required by the Judge of Probate; to pay any balance remaining in his hands upon the settlements of his accounts, to such persons as the Judge of Probate shall direct; and deliver the letters of administration into the Probate Coarte in case any will of the deceased shall be thereafter duly proven and alowd.
In testimony whareof, we have herunto set our hands and seals, March the 15th, 1847.
(Signed) I. D. Simison, [Seal.]
S. K. Parker, [Seal.]
March the 19th, 1847 Beal Dorsey [Seal.]
Fild and approved on the day and date above riten. James Mitchell, Judge of Probate of Benton County, State of Iowa, with his private [Seal] affixed, there being no public seal yet provided.
James Mitchell,
Judge of Probate.
State of Iowa, Benton County, ss., You dew solemnly sware that you well and truly administer the estate of William Carter, deseaste, late of said county, to the best of your skill and abilities, according to law, so helpe you god.
(Signed) I. D. Simison
Sworn to and subscribed before me, on the 19th day of March, 1847. James Mitchell, Judge of Probate of Benton County, Iowa, with is private seal affixte (T. L.) thereto, being no public seal yet provided.
James Mitchell
Judge of Probate
Summons issued by the Judge of Probate of Benton County and State of Iowa, on the 19th day of March, 1847, to the following effect, to wit:
State of Iowa, Benton County, ss., To the Sheriff of said county, Greeting, in the name of the United States of America: You are hereby commanded to summons John Hendershot, Charles Cantonwine and George Cantonwine to be and appear before me forthwith, to be sworn as appraisers of the estate of William Carter, deceaste, late of said county; to prosede and apprase said goods and chattels of the said deceaste that may be found in said county. And of this writ make lagal service, and dew return, according to law. Given under my hand and Probate seal annexte, ther being know seal (S. L.) yet provided by the county.
James Mitchell
March 19, 1847 Judge of Probate of sad county
Returned on the 20 day, with the following indorsemente:
Served the within writ by reading to the within named persons, March the 20th, 1847.
Beal Dorsey, Dept. Sheriff
Appraisors appeared on the 20th day of March, 1847, and after being duly sworen acording to law, proceded to apprais the property of the deseast, and a return maid their of, as is hereunto annexte by the administrator of the estate.
An inventory and appraisment of the real estate and goods and chattels, rights, credits and effects which were of William Carter, late of Benton County and State of Iowa, deceased, taken on the 20 day of March, 1847:
The Clame of the deseased and improvements on the s. w. ¼ of Sec. 32, in To. 85 N. of R. 10 W. of the 5th pr. mr., $100.00; three flour barrels, 75c; 2 tight barrels; 200 porke in barrel, 4.00; 2 ½ acres wheat in field, 8.00; 1 shot gun, 4.00; 1 tin bucket, 50c.; 2 small tin pans, 12 ½ cts.; 1 large do do, 25 cts.; 1 coffee pot and tin cup, 12 ½ cts.; stone jar and lard, 50 cts.; 1 skillet & lid, 75 cts.; 1 small pot, 50 cts.; 4 bushels of corn, 75 cts.; 1 basket, 37 ½ cts.; four sacks, 25 cts.; 3 pecks buckwheat, at 25 cts.; 25 lbs. salt, 37 ½ cts.; 2 dozen candles, 20 cts.; 1 muskrat trap, 25 cts.; 1 bushel white beans, 50 cts.; 1 doz. Chickens, 1.00; 1 pike and ring, 25 cts.; 1 bible, 1.00; 1 hymn book, 25 cts.; hunts history of Mormons; 1 almanac, 10 cts.; 1 ½ lbs. shot, 15 cts.; 1 bar of lead, 5 cts.; 7 flints, 7 cts.; 1 powder & horn, 25 cts.; one clawhammer, 16 cts. ½ lb. 4p. nails, 4 cts.; 1 large box, 25 cts.; 1 lb. saleratus, 12 cts.; ½ paper, 6 cts.; 1 not mall, 12 cts.; 1 bushel corn, 20 cts.; 11 head stock hogs, 17.00; one yoke oxen, 30.00; 1 yearlin calf, 3.00; 1 old ax, 25 cts.; 9 saw logs, 3.00; 1 choping ax, 25 cts.; 1 iron wedge, 75 cts.; 1 frying pan, 25 cts.; 1 raisor, 50 cts.; ½ set knives and forks, 25 cts.; bed tick, 3.00; G. B. White’s note for eight and twenty-five cents, to be paid in breaking prairie, 8.25 cts.; G. B. White’s note, braking 15 acres prairie, 22.50 cts.; 1 pocketbook, 75 cts., 2 stands bees, 4.00; Samuel Braggleton’s note, for uncertain, 3.00; 1 stirring plow, 4.00; 1 pail, 12 cts.; 1 pitchfork & sled, 1.25. Total amount of the hole inventory, 232.00. March 20th, 1847. Appraisors’ names, Charles Cantonwine, John Hendershot and George Cantonwine.
Personally appeared Irwin D. Simison, and being duly worn, deposeth and sais foregoing inventory is according to the present value, as appraised by the foregoing appraisors, and all the goods, chattels, lands and tenements that has come to his knolledge, in said county, this 20 day of March, 184.
J. D. Simison,
Administrator of the said estate
Sworn to and subscribed to on the day and year above ritten, before me, James Mitchell, Judge of Probate of Benton County, state of Iowa, with his private seal affixte [Seal] there being no seal yet provided by the county.
James Mitchell,
Judge of Probate.
Ordered, by the Judge of Probate, That Irwin D. Simison shall give notice of his appointment as administrator of the estate of William Carter, Deseaste, late of Benton County, State of Iowa, within the time prescribed by law, by posting up three written advertisements in three public places in said county.
James Mitchell, Judge of Probate of Benton County, State of Iowa, with his private seal (S.S.) affixte, there being no seal yet provided by the county.
James Mitchell,
Judge of Probate.
The Judge also ordered the above-named Administrator to offer for sale the real and personal estate of the deceased, and then followed an inventory of his clothing and record of expense:
A inventory of the clothing and other private articles left in the hands of the administrator of the estate of William Carter, deseaste, of Benton County, State of Iowa, to be delivered to the legal Heirs, if called for, to wit: 1 blue broad Cloth coat, one uniform coate, cotton, one glugham Coate, one linen roundabout, one cotton vesting vest, one twilde cotton veste, one Casamir veste, one pair of pants, cotton tickin, one pair of linin pants, one neckties, three pare of Cotton drilling drawers, one Caronel frocke coate, one Close sack. This, the 14th day of April, 1846.
I. D. Simison,
Administrator of the estate of the deceased.
State of Iowa, Benton County, William Carter, Dr.,
To John Hendershot, August, 1846:
To boarde three weeakes, when sick at my house 6.00
For work done and debt paid for said Carter to Green 5.00
For expense of keeping and waiting and attending on said
Carter in his laste sickness, in 1847 15.00
Hole amounte 26.00
Fees of Sheriff on summons for John Hendershot, C. Cantenwine
and G. Cantonwine, serving and milage to C. Cantonwine,
serving and milage to G. Cantonwine, serving and milage for
John Hendershot – for serving and milage for all 1.10
I do hereby certify that the foregoing is a true coppy of all the papers that came to my hands, in the office of Probate Court, in the case of Irwin D. Simison, Administrator of the estate of William Carter, deceased.
Given under my hand, this 20th day of January, A. D. 1852.
John S. Forsyth
County Judge
The second and last act on record of James Mitchell, as Probate Judge, was the appointment of "Jackson Tailor" as guardian of "Lydia Ann Willard." Jackson Taylor was then a resident of Black Hawk County.
The first act of Judge D. S. Pratt, who succeeded Mitchell, is dated March 22, 1848, being the appointment of Samuel M. Lockhart, of Benton County, as Administrator of the estate of F. J. Rigaud, which inventoried at $221.01.
The next one is dated April 26, 1848, and was the appointment of Stedman Penrose as Administrator of the estate of Gilman Clark, which amounted to $253.90.
Special Election Until this time, for some cause, the people of the county had not elected a Prosecuting Attorney, District Clerk or School Land Commissioner, but at the election on Wednesday, April 7, 1847, D. S. Pratt, the Commissioners’ Clerk, certifies that at an election on Monday, the 5th, the following officers were elected, viz.: Prosecuting Attorney, Fras. Jas. Rigaud; District Clerk, D. S. Pratt; School Land Commissioner, E. D. Spencer.
But for some reason – either than the persons elected declined to accept, or that there was some serious informality that vitiated the election – a special election was held on the 28th of April following, which resulted differently, as shown by the following:
Abstract of the votes cast at a special election held in Benton County, State of Iowa, on the 28th day of April, 1847, for county officers, to wit: One District Clerk, one Prosecuting Attorney, one School Land Commissioner:
For Prosecuting Attorney – James Mitchell had nineteen (19) votes; Stephen Holcomb had twenty-one (21) votes for Prosecuting Attorney, and Fras. Jas. Rigaud had three (3) votes.
For District Clerk – I. D. Simison had thirty-three (33) votes, and D. S. Pratt had twelve (12) votes.
For School Land Commissioner – John Royal had thirty (30) votes, and E. D. Spencer had four (4) votes.
May 5, 1847 Attest: D. S. Pratt,
Com. Clerk
I. W. Hayes
I. D. Bordwell
Justices of the Peace
Mr. Clerk Pratt made the memorandum that "certificate for Stephen Holcomb issued."
Contested Election Notwithstanding the action of the Canvassing Board and the issue of the certificate to Holcomb as Prosecuting Attorney, Mr. Mitchell appears to have contested his right to the office, and successfully, too, so far as the Justice’s Court before which he brought his case, as appears from the following, which is an exact copy of the original:
We The Undersigned Justes of The peace’ of Benton Co. state of Iowa After examining All the Testimony perdused Before us on A case of the contesting of Alectun of Stephen Holcomb by James Mitchel do finde that the said Mitchel is duly Alected this the 12 day of May, 1847.
(Signed: L. W Hayes, J. P. [L. S.]
L. D. Bordwell, J. P. [L. S.]
Charles Cantonwine, J. P. [L. S.]
This document (which appears to have been written by Mitchell) was filed May 13, 1847. The case produced considerable excitement, and the little community of Benton County was greatly exercised over it. Precisely on what ground Mitchell contested, or what authority was vested in Justices of the Peace to annul a certificate of election, does not clearly appear, although it is clear that they took the responsibility. Mr. Bordwell, one of the Justices, states that the Black hawk County vote was solid for Mitchell – five votes. If they were counted, Mitchell was elected; if not, then Holcomb’s certificate was valid. It would seem that the returns from Black Hawk had not been received when the votes were canvassed on the 5th of May, and the question whether the canvass should be re-opened and the vote of Black hawk opened and counted, was the one that must be decided. It was decided, and the Black Hawk vote was received and counted, which changed the result, and Mitchell assumed to exercise the duties of prosecuting officer, although Holcomb still held his certificate of election.
Couldn’t Stand It The following is a copy of a paper found among the wolf-scalp certificates, filed as "Security Resignation." It explains itself:
To the District Clerk of Benton County: You are hereby notifide that the undersigned, security for James Downs, as Sheriff of said county, will stand as such no longer. You will therefore notifide him according to law.
Dated this 8th day of May, A. D. 1847.
(Signed) Thomas Way
The First Court The first term of the District Court was appointed to be held at the house of Thomas Way, about two miles northeast of the present Court House, on the last Monday in August, 1846. It is said that Way's log cabin was then the best house in the county, and was selected as Court House for that reason. Grand and petit jurors were summoned, and on the day appointed James Downs, Sheriff, and Jonathan R. Pratt, Clerk of the Court, with eighteen grand and seventeen petit jurors, assembled at the house of Thomas Way; but, for some reason not now apparent, the Judge, Carleton, did not put in an appearance, and the Clerk proclaimed an adjournment until the next day. On the second day the Judge was still absent, the Clerk adjourned the court without day, and the assembled settlers dispersed to their homes disappointed that the "show did not come off."
By an act of the first General Assembly of the State of Iowa, approved Feb. 17, 1847, it was provided that "the District Court in and for the county of Benton shall be held at such place within said county as the County Commissioners may direct." The county had a seat of justice, but there was no Court House or any other house there; and, presumably, the County Commissioners directed court to be held at the house of Thomas Way; for on the 31st day of May, 1847, court was opened there for the first time in Benton County. Present, Hon. James P. Carleton, Judge of the District Court; James Downs, Sheriff; James Mitchell, Prosecuting Attorney, and Irwin D. Simison, Clerk of the District Court. Way's cabin was in the midst of thick timber, and to make room for the august assemblage, Mrs. Way removed her pots, kettles and other household utensils to the shelter of a neighboring tree. Having done this, she coolly seated herself on a stump near the open door of the cabin, and gazed with respectful wonder at the collection of learned heads assembled within to administer the law to the backwoodsmen of Benton County. The judge was perched on a three-legged stool, behind a rough deal table (the only one in the house) at the farther end of the little room. At the left of His Honor, seated on a low mill-bench, with his books and papers spread out before him, was Simison, the Clerk. There were also present, Norman W. Isbell (subsequently Judge of the Supreme Court), Isaac N. Preston, John David, D. P. Palmer, John P. Cook and Stephen Whicher, members of the bar from other counties. Benton County had no lawyer then. The court was formally opened by the Sheriff, and dispatched business with a rapidity that would startle some more modern courts.The grand jury summoned was sworn, as follows: Fielding Bryson, James Harmely, Joseph Remington, John Bryson, Charles Graham, Stephen Brody, Jesse Brody, Josiah Helm, David Jewell, William Mitchell, Samuel M. Lockhart, James Polly, Chauncy Leverich, Anderson Amos, James M. Denison, Joseph Bryson, Lyman D. Bordwell and Samuel Stephens. Samuel M. Lockhart was appointed foreman of the Jury, which, after being duly charged, retired to the timber to deliberate, in charge of Beal Dorsey, Bailiff.
The first case of entry is the State of Iowa vs. Joel Leverich, for passing counterfeit money, which appears to have been transferred from Linn County on change of venue. Leverich was a member of the band of outlaws that infested this region at the time, and he probably thought that he could get a good jury in Benton County. The case was continued to the next term, however, and Ambrose Harland, Elijah Evans, Adason Daniels, Lowell Daniels, Nathaniel Chapman, Isaac D. Worrall and John Perkins were held in $50 each to appear as witnesses. The accused was not present, and a capias was issued to the Sherriff of Linn County for his arrest, returnable at next term of court. Another indictment against Joel Leverich for having in possession counterfeiting instruments, was disposed of similarly.
On the second day of the term, the case of Samuel Finley vs. William Sturgis (of Black Hawk County), assumpsit, damage $100, which was the first civil case entered, was withdrawn by the plaintiff, having been amicably settled by the parties.
June 1st, the second day of the term, William Smyth (afterward presiding Judge for the same court) was hanging around the door of the court cabin, waiting for admission to the bar. The court appointed Messrs. Preston, David, Isbell and Palmer a committee to forthwith examine the said Smyth as to his proficiency in the law, with instructions to report the result. The committee with Smyth in charge, retired to the timber to discuss matters and things in general, and incidentally their duty-Smyth's legal knowledge, etc. Allowing a proper time to elapse, the committee, arm in arm with Smyth, returned into court and reported, whereupon William Smyth was duly sworn and admitted to practice in the courts of Iowa. Smyth remembered what was expected of him when court adjourned.
James Mitchell, Prosecuting Attorney, made application for admission to the bar, and Messrs. Preston, Palmer, Isbell and David were appointed to examine him. They reported that the legal attainments of the applicant were not such as to warrant his admission, and his application was denied.
Immediately afterward, Stephen Holcomb asked to leave to file information in the nature of a quo warranto against James Mitchell for intruding into the office of Prosecuting Attorney; leave was granted; the necessary papers were issued and served. Mitchell was summoned and appeared before the court by himself and by his attorney, I. M. Preston. The relator, Holcomb, appeared by Palmer & Isbell, his attorneys. Both parties waived a jury, and after a hearing, the court held that Mitchell was guilty, as charged, of intruding into the office of Prosecuting Attorney, and that he, the said Mitchell, should be ousted there-from. But, Holcomb, who expected to succeed the ousted officer, was disappointed, for, while he recovered his costs -- taxed at $1.87 ½ -- the court held that the relator was not entitled to the office, and appointed I. M. Preston to fill the vacancy.
The court adjourned Jan. 1, 1847, having been in session two days, and Mrs. Way resumed sway over her natural domain.
At the time designated for the September term, John Royal* was Sheriff, and Irwin D. Simison, Clerk, and were in attendance, but the Judge did not appear, and the court adjourned sine die. After the adjournment, the inevitable jug was produced, the contents of which soon disappeared, and of the assembled crow, many of them became very drunk.
*John Royal is said to have been the embodiment of the term "a hale fellow well met, " his funny bump being exceedingly large. This craving for amusement often led him to spend hours together in the bar-room, where 'frolic ran riot,' much to the discomfort of his good wife, who, after trying everything she could think of to break him of this habit, at last hit upon the following plan: C. C. Charles opened a saloon on the north side of the public square, in 1851. This became Royal's resort. One day, in company with her old friend, L. D. Bordwell, Mrs. Royal suddenly stepped into the saloon, and advanced to the counter on which the old Sheriff was perched, vigorously sawing discordant music from an aged and dilapidated fiddle. On discovering the visitors, his face presented a startling picture of amazement, shame and consternation, which first expression disappeared and lent its force to the remaining two, as his wife exclaimed, "Bring on the whisky, Mr. Charles! I tell you I am going to have a spree. If there is any enjoyment in this way of doing, I am going to participate. Gentlemen, walk up and drink. This is fine, ain't it?" "Huzzah! huzzah for the old Musquaka Chief, or any other man. Come up, Johnny, my dear, let us have another drink!" "Huzzah! for the Sheriff of Benton County, for him and his wife are both on a bender. Oh, this is nice!" Royal could stand it no longer. He dropped the old violin, and with sadness in his very motion, took his wife gently by the hand; and with voice full of tenderness, said "Catherine, let us go home. This is no place for as good a woman as you are, let us go home, and I will stay with you hereafter." And he kept his word. He was an efficient officer, and respected by all.
Election of 1847 The abstract of the votes polled at an election held in Benton County on the 2nd day of August, 1847, signed by D. S. Pratt, Commissioners’ Clerk, and Stephen Holcomb and Charles Cantonwine, Justices of the Peace, was as follows:
For Sheriff – Beal Dorsey had 20 votes; John Royal, 33.
For Judge of Probate – D. S. Pratt had 42 votes; E. D. Spencer, 1.
For County Commissioner – Thomas Way had 24 votes; Samuel L. Morse, 14; L. W. Hayes, 15.
For Commissioners’ Clerk – D. S. Pratt had 42 votes; E. D. Spencer, 1.
For Recorder – D. S. Pratt had 24 votes; L. W. Hayes, 23.
For Surveyor – Irwin D. Simison had 47 votes.
For Coroner – Fielding Bryson had 19 votes; E. B. Spencer, 17.
For Sealer of Weights and Measurers – Aaron Hains had 9 votes; Thomas Lockhart, 11; D. S. Pratt, 5.
For Prosecuting Attorney – Aaron Hains had 11 votes; John Hendershott, 1; Stephen Holcomb, 5; Samuel M. Lockhart, 13.
At this election, the vote for Representative to Congress was as follows: Thomas McKnight had 20 votes; Shepherd Lefler, 34. Benton County was then included in the Second Congressional District.
County Debt Wiped Out It is said that the county in those early times was deeply in debt. A pretty large amount of orders had been issued for various purposes until they were absolutely worthless, but were still evidences of indebtedness outstanding against the county. During the time that Way served as County Commissioner, it is also said that the county officers determined to make a new departure, destroy all the records, and begin anew. Way bought in the county orders. The price of a county order, whatever its face, was a rink of whisky. When they were all or nearly all purchased in this way, they were burned by Way, and the county was relieved from its indebtedness. Whether the records were destroyed is uncertain, but it is certain that they are not now accessible, except the few papers found by the historian, which have been freely used in this work.
Civil Townships The Board of County Commissioners for 1847-48, it is presumed, created several civil townships; but singularly enough, there is no record of the creation of a single one of them, either by the County Commissioners or the County Judge. At the time of the Commissioners’ Court in April, 1847, John Royal and George Cantonwine were appointed Supervisors of Canton Township, and directed "to open an work all legal laid-out roads in said township." Anderson Amos was appointed Supervisor in Township 86 north, Range 9 west, and David Jewell in Township 85, Range 9, and Thomas Way Supervisor on a certain road "commencing at the corner of Harrison’s field and running to Edward’s Ford across the Cedar River." Prior to 1851, three more townships, viz., Polk, Harrison and Taylor, were created.
In October, 1847, the secretary of School District No. 1, in Polk Township, reported to the School Fund Commissioners that there were twenty-six persons in that district between the ages of 5 and 21 years.
State Roads in Benton County Section 5 of "An act for laying out and establishing certain roads therein named," approved February 18, 1847, appointed James Leverich, of Linn County, Charles Cantonwine, of Benton, and William Hunt, of Black Hawk County, Commissioners to lay out and establish a State road, beginning at Cedar Rapids, thence to or near the house of Mr. Strawn, in Linn County; thence to the county seat of Benton; thence to the Falls of the Cedar.
By act approved February 25, 1847, E. B. Spencer, Samuel M. Lockhart and William Belles were appointed Commissioners to establish a State road from the county seat of Benton County to Quasqueton, Buchanan County.
Section 10 of "An act to locate and establish certain roads," approved February 5, 1851, appointed James Allenworth, of Linn, John Alexander, of Benton, and David S. Pratt, of Black Hawk, to locate and establish a State road from Center Point to Marysville, Benton County; thence by the residence of James Virden to the Big Woods, via John H. Messinger’s, to Rice’s old trading house.
Section 25, of the same act, appointed William Williams, of Muscatine, Isaac Cook, of Linn, and John Royal, of Benton, to locate a State road from Cedar Rapids, via Fremont (Vinton), in Benton, to Fort Clarke.
Section 45 appointed Samuel C. Trowbridge, of Johnson; Andrew D. Stephens, of Benton, and C. C. Slocum, of Iowa County, to locate a State road from Marengo to Fort Clarke.
Section 30 of "An act in relation to certain State roads therein named," approved January 22, 1853, appointed George W. Vorees, of Marshall; David F. Bruner, of Tama, and A. D. Stephens, of Benton, to locate a State road from A. D. Stephens’ to the southeast corner of Hardin County.
Section 49, of the same act, appointed E. A. Brown, of Black Hawk; John Blunt, of Chickasaw, and W. C. Stanberry, of Benton, to locate a State road from Fremont to Waterloo; thence to John H. Messinger’s in Bremer County; thence to Bradford, in Chickasaw County.
Section 1 of "An act to establish certain State roads." Approved January 24, 1855, appointed James B. Kelsey and Thomas B. Stone, of Linn, and Harrison Bristol, of Benton, to locate a State road from Cedar Rapids via Bear Creek Mill, Vinton and Waterloo, to Cedar Falls.
Section 12, of the same act, appointed Andrew Stein, of Benton; John Ross and David Bruner, of Tama, to locate a State road from Cedar Rapids to Toledo.
Section 9 of "An act in relation to State roads," approved January 28, 1857, appointed (Wesley) Whipple, of Benton; James Barclay, of Black Hawk, and Thomas R. Talbot, of Fayette, to locate a State road from Vinton, via Barclay, Fairbank and Linn, to West Union.
Section 12 of the same act appointed F. A. Morgan, of Keokuk; Martin Ballard, of Iowa, and S. P. Price, of Benton, to locate a State road from Sigourney, via Millersburg, Genoa Bluffs and Kosta, to Vinton.
Towns and Cities of Benton County [The first town laid out in Benton County was in the northeast part of the county, in 1847; but, for convenient reference, all the towns in the county are inserted here.]
Marysville, located on the north twenty acres of the west half of the northeast quarter of Section 34, Township 86, Range 9, was laid out May 5, 1847, by F. J. Rigaud, County Surveyor; Joseph Remington, proprietor. Plat recorded May 10, 1847, at 8 ‘clock A. M. This is the oldest town in the county, and was well known to the early settlers as "Hoosier Point." The post office at this point is now called Urbanna.
Vinton was located by the Commissioners to locate the county seat, 1846, on the northeast quarter of Section 21, Township 85, Range 10, and named Northport by the first Board of County Commissioners, and ordered to be surveyed in July, 1846; but a new Board was elected in August, and the record was delayed until February 12, 1848, when it was recorded by Irwin D. Simison, County Surveyor. The plat was signed by Samuel M. Lockwood, Loyal F. North and Thomas Way, County Commissioners, and by them named Vinton, in honor of a Member of Congress from Ohio who was anxious to perpetuate his name in this way. The town has no existence now, and its territory is included in the limits of the present city of Vinton.
Fremont, located on Lots 5, 6 and 7, of the west half of Section 16, Township 85, Range 10, "which point being voted for at the August election, 1849, by a majority, to be the seat of Justice of Benton County."
Shellsburg, on the southwest quarter of Section 11 and partly on the northwest quarter of Section 14, township 84, Range 9; surveyed by H. M. Drury, Deputy County Surveyor, June 16, 1854; Jacob Cantonwine, Christiana Cantonwine, Emanuel S. Fluke and Mary Fluke, proprietors.
Grand Gulf, o the southwest quarter of the southeast quarter of Section 17, Township 85, Range 10; surveyed April 17, 1854, by H. M. Drury, Deputy County Surveyor; John Alexander and Nancy Alexander, proprietors. Now a part of the city of Vinton.
Geneva, on the northwest quarter of the southwest quarter and the southwest quarter of the northwest quarter of Section 3, township 84, Range 11; surveyed by Wesley Whipple; R. N. Van Cleaf and Susanna Van Cleaf, proprietors. Plat filed for record March 20, 1855.
Wilmington, located on Section 4, Township 85, Range 9; surveyed by Wesley Whipple, November 9, 1855; Lewis Berry, Eliza Berry, Conrad Binkhart and Sarah Binkhart, proprietors. Plat filed for record, 1858.
Irving, on the northwest quarter of the northwest quarter of Section 6, Township 82, Range 12; October 10, 1855; Samuel Hutton, proprietor.
Benton City, located on Section 20, Township 85, Range 9, south of the river; surveyed by Joseph Owen; John Royal, Catherine Royal, John Graham and Lucinda Graham, proprietors. Plat filed for record June 16, 1856. This was then a thriving little town. John Graham built a hotel there in 1855-6. It was probably surveyed as early as 1854-5. Dr. S. E. Warner located there in 1855. W. C. Stanberry advertised in August, 1855, at Benton City, "the largest and best-selected stock of goods ever offered for sale in Benton County." Benton City A. F. & A. M. was instituted U. D. October 31, 1855, and chartered June 4, 1856, but was removed to Shellsburg prior to 1864. The line of the B., C. R. & N. R. R. was first located to pass through or near the town, but the location was afterward changed. The glory of the town long since departed, and it no longer exists save in history.
Eden, south half of the southwest quarter of Section 1, and part of Section 12, Township 85, Range 10; surveyed by Newell Colby, January 14, 1856; Jacob Leamer and Rebecca Leamer, proprietors. Plat filed for record January 19, 1856.
Guinnville, part of the northeast quarter of Section 30, Township 82, Range 12; surveyed by Wesley Whipple, October 30-31, 1856; John E. S. Gwinn and Caroline Gwinn, proprietors. Plat filed for record November 8, 1856.
Brooklyn, in Benton and Black Hawk Counties; surveyed April 3, 1856, by N. Colby; H. N. Brooks, proprietor. Plat filed for record March 13, 1857. Defunct.
Williamsburg, on Section 11, Township 86, Range 10; surveyed by Wesley Whipple, March 20, 1857; William L. Jones, Abigail Jones, L. W. Bryson and Mary A. Bryson, proprietors. Plat filed for record March 31, 1857.
West Vinton, on the southwest quarter of the southeast quarter of Section 17, Township 85, Range 10; surveyed by Wesley Whipple, March 25, 1857; Edwin Humphreville, I. C. Rhodabeck, Hannah B. Stoughton and William Stoughton, proprietors. Plat filed for record March 30, 1857. Now a part of Vinton City.
Manatheka, parts of Sections 26 and 35, Township 86, Range 9 (near Marysville); surveyed by Wesley Whipple, March 31, 15857; William Remington, Elizabeth Remington, John Ferguson, Nancy Ferguson, Theodore Stevens and Lucy Stevens, proprietors. Plat filed for record April 4, 1857.
Belle Plaine, on the east half of and northwest quarter of the southwest quarter of Section 14, Township 82, Range 11; surveyed by G. F. Kirby in the Spring of 1862; John I. Blair, proprietor; G. F. Kirby, Surveyor. Plat filed for record May 12, 1862.
Blairstown, on the southwest quarter of Section 13 and the southeast quarter of Section 14, Township 82, Range 11; surveyed by G. F. Kirby in the Spring of 1862; John I. Blair, proprietor. Plat filed for record May 1, 1862.
Norway (now Florence), on the northeast quarter of the northwest quarter of Section 20, Township 82, Range 9; surveyed June 10, 1863, by P. P. Smith, County Surveyor; Ormond Tuttle and Helen Sophia Tuttle, proprietors. Plat filed for record July 21, 1863.
Luzerne, on the northeast quarter of the northeast quarter of Section 24, Township 82, Range 12, and partly on Section 19; B. B. Hent, Surveyor; Isaac B. Howe and Hannah R. Howe, proprietors. Plat filed for record April 17, 1868.
Mount Auburn, on the south half of Section 14, Township 86, Range 11; surveyed by P. F. Randall; Milton S. Hall, Sarah A. Hall, Thomas D. Lewis and Mary A. Lewis, proprietors. Plat filed for record June 19, 1871.
Benton, on Sections 28 and 29, Township 85, Range 11; surveyed by C. G. Johnson in April, 1873; Jonathan Barkdoll and Susan Barkdoll, proprietors. Plat filed for record July 22, 1873.
Watkins, on the southwest corner of Section 23 and the northwest corner of Sec. 26, Township 82, Range 10; surveyed by Hiram Lipe in may, 1874; Charles G. Turner and Eliza Turner, proprietors. Plat filed for record Aug. 16, 1874.
The Courts in 1848 April 24, 1848, the court was again held in the house of Thomas Way. James P. Carleton was Judge; John Royal, Sheriff*; John Alexander, Prosecuting Attorney; I. D. Simison, Clerk; and the court records show that I. M. Preston, S. A. Bissell, William Leffingwell and William Smyth were present as attorneys. The second grand jury was impaneled as follows: E. B. Spencer, John S. Forsyth, Jacob Remington, Samuel Osborn, Joseph Bryson, Beal Dorsey, Charles Cantonwine, Loyal F. North, George Cantonwine, William Ball, Stedman Penrose, Michael Cantonwine, Jacob Cantonwine, Elias H. Keyes, Michael Zimmerman and Frederick Zimmerman. John S. Forsyth was appointed Foreman, and the jury retired to the timber as before for consultation, in charge of the Bailiff, David S. Pratt.
At this term, the first petit jury was impaneled as follows: James Downs, Joseph Sanders, William Mitchell, James M. Denison, Price Kendrick, Lyman D. Bordwell, Thomas Lockhart, David S. Way, David Cantonwine, William Davis, John Hendershott, James Worley, Welcom Martin, George B. Pratt, Nathaniel Adams, Chauncy Leverich, Charles Hinkley, Thomas Way, Samuel Stephens, William Davis Jr., and John Mason.
The indictment against Joel Leverich for passing counterfeit money, continued from last term, was quashed. The other indictment against Leverich, for having implements for counterfeiting in his possession, was tried, but the jury brought in a verdict of "not guilty." Joel Leverich, although a member, it is said, of a gang of outlaws infesting the country at that time, was one of the shrewdest of the tribe, and never could be caught. He always "got off," as in this instance.
September 18, 1848, the third term of court was opened in the county, and was held, so says the record, in the log court house at Vinton, the first and the last term of curt ever held at the original county seat. Although the record declares that this term of court was held at the court house, the facts are that the court assembled there, but there was no roof on the building, no floor – nothing but the bare log walls. A seat was provided for the Judge in one corner by placing a piece of board across the corner in the crevices between the logs, and a shower coming up, some more pieces were thrust into the chinks over his head to protect him from the rain. Court was opened in this primitive "court house," and then adjourned to the cabin of William Davis, which stood on Section 15, where the business of the term was transacted. The grand jury occupied a log blacksmith shop in the vicinity.
At this term John Lewis recovered $300 of Samuel K. Parker for slander. Charles Hinkley, indicted for arson, was tired, convicted, and sentenced to pay a fine of one cent and be imprisoned in the State Penitentiary for one year. This was the first conviction for a criminal offense in the county.
*(In the early days of Vinton, two of the county officers agreed together to celebrate Christmas "in the good old way," had have a jolly time. It is said that when lawyer "Jack" came to Benton County he provided himself with a good supply of "Maynard & Noyes’" best black ink in quart bottles. These bottles were placed on the shelf in "the house that Jack built," and the neighbors, seeing a good opportunity to "borrow some ink till they could send and get some," some of the bottles, as a consequence, were soon emptied of their contents, but were replaced on the shelf along with the full ones. The two friends were greatly perplexed for something to put their whisky into. Suddenly Lawyer J. bethought him of the empty ink bottles, and seizing a couple of them, joined his friend, who was shivering in the cold, and together they washed them in the creek. They were soon filled with "corn juice." But the county officials could not rest content with it all in the bottles, so they transferred a generous portion of it to their capacious "bread baskets." The effect of all this was to produce a feeling of drowsiness, an for a time sought repose in a friendly fence corner; become tired of this, they made their way to the house to sit by the fire. But Jack could find neither wood, matches nor shavings; however, placing the bottles in their old places on the shelf for safety until he could raise a light. Not succeeding in this, he sought consolation in the "tanglefoot," and taking down a bottle, courteously handed it to his friend, who hastily swallowed a heavy draught; but instead of peaceably handing it back to his waiting companion, he accused him of playing a trick o him by filling the bottle with something besides whisky, and threw the contents in Mr. Jack’s face and on his clothing; the assaulted man rushed into the other room, and after some words they both settled down to rests. Early in the morning they were startled by the piercing scream of jack’s wife, who ejaculated that "there was a big nigger in her bed." A case of "mistaken identity" in the bottles was the cause, as was shown by the investigation that followed.
Mail Facilities By joint resolution approved January 24, 1848, the General Assembly of Iowa asked for the establishment of a mail route from Tipton, Cedar County, via Pioneer Grove and Marion, to the county seat of Benton. Also of a mail route from Cedar Rapids, via the county seat of Benton, to the falls of the Cedar River in Black Hawk County.
Elections, 1848 At the election held April 3, 1848, Elias H. Keyes was elected School Fund Commissioner, receiving 38 votes; John S. Forsyth, his competitor, received 34 votes. The votes of Taylor and Polk Townships for Justices of the Peace at this election were canvassed by the County Board. In Taylor, Stephen Holcomb had 14 votes; Lester W. Hayes, 13; and Fleming Sanders, 12. In Polk, John S. Forsyth had 19 votes, and Edwin B. Spencer, 16.
The abstract of the votes for county officers at the election, August 7, 1848, is not among the papers found by the historian, but Elias H. Keyes appears to have been elected Clerk of the Commissioners’ Court, and Loyal F. North re-elected County Commissioner. For State officers, however, the abstract is preserved:
For Auditor of State – Joseph F. Fales had 44 votes; William A. Warren, 26 – 70 votes cast.
For Secretary of State – John M. Coleman had 28 votes; Josiah H. Bonney, 39; William A. Warren, 1.
For State Treasurer – Robert Holmes had 27 votes; Morgan Reno, 42.
For Member of Congress – Timothy Davis received 29 votes; Shepherd Leffler, 41.
From these returns it appears that the voting population of Benton County had not materially increased since 1847. One can scarcely realize, as he visits this rich and densely populated county in 1878, that only thirty years ago there were only seventy voters within its limits.
Grocery Bond Among the curiosities of thirty years ago is a bond given by Chauncy Leverich, with G. A. Thompson for security, from which it appears that "Chancy," as his name is signed, took out a license on the 3rd day of July, 1848, to keep a grocery for one year. The bond as in the penal sum of $100, and the condition was as follows: "now the condition of the above obligation is such, that if the said Chancy Leverich shall keep an orderly house, and will not permit any unlawful, gaming or riotous conduct in or about his house, then this obligation to be void, otherwise to be and remain in full force and virtue in law." That the keeper of a grocery should be required to take out license and give bond, sounds odd in these later days; but it must be remembered that in those early days a grocery was a saloon as well as a grocery store, and Leverich drew around him the more reckless and lawless elements in a community that was then under the dominion of outlaws and horse thieves. The bond was given to comply with the forms of law; and if it was violated, as it probably was hundreds of times, it was neither expected nor designed that it was to be enforced. If it was, there was no court to enforce it.
Scholars in 1848 Among a lot of old papers on the floor of the vault in the Court House, while searching for lost records the historian found two, from which the following statement is compiled. It is proper to remark that the inspectors reported "no schools":
November, 1848, L. F. North, School Inspector of Canton Township, reported the number of schools in District No. 1 to be 19; in District No. 2, 42, and District No. 3, 12. I. D. Simison, Inspector of Taylor Township in 1848, made a more elaborate report, and included the heads of families and the number of scholars in each family, as follows: District No. 1, William Mitchell’s family had 4; Albert Johnson, 1; Thomas Way, 6; Mrs. Smith, 4; Mrs. M. M. Way, 1; Michael Zimmerman, 5; David Wilson, 6. Total, 23.
District No. 2, John Edwards, 2; John Alexander, 3; Varnum Helm, 4; Daniel Carlisle, 1; George Adams, 4; Mrs. Chauncy Leverich, 1; William Davis, 1; John royal, 2; James Sanders, 4; Francis Sanders, 1; G. B. White, 4. Total, 28.
Re-Location of the Seat of Justice The town of Northport was laid out in 1846; was re-surveyed and re-christened Vinton in February, 1848, on the northeast quarter of Section 21, on the spot where the County Seat Commissioners drove the county seat stake. During the following Summer an Fall, Chauncy Leverich, John Alexander and others interested in property lying nearer the river, where the present business portion of Vinton now stands, determined to make an attempt to move the county seat, and accordingly circulated a petition asking the Legislature to grant a re-location by a vote of the people. To prevent all opposition and make the thing doubly sure, a the same time when they circulated the petition they carried a remonstrance, which they asked all to sign who would not put their names to the petition. In that way they secured the signatures of nearly all the citizens of the county, and when obtained, they cut the names form the remonstrance and attached them to the petition. By this sharp practice, they were able to make a very strong showing to the General Assembly, and without opposition secured the passage of an act as follows:
An act to provide for the location of the county seat of Benton County;
Sec. 1. Be it enacted by the General Assembly of the State of Iowa, That the legal voters of Benton County shall vote, at the next April election, for such pointes in said county as they may deem proper; and if, upon canvassing the votes, it is ascertained that any one point has received a majority of votes over all others, then the point receiving such majority shall be and remain the permanent seat of justice of said Benton County; but if no point shall receive such majority, then and in that case the said legal voters of said county shall vote for the two points receiving the highest number of votes at said April election, at the next August election, and the point receiving the highest number of votes at said August election shall be and remain the permanent seat of justice of said Benton County.
At the election held on the 2nd day of April, 1849, the friends of removal came very near removing the county seat farther than they desired – to the other side of the river, two or three miles from the present Court House. One more vote for that location would have carried it.
The following extract from the abstract of the votes, made by E. H. Keyes, Clerk of the Board of County Commissioners, and Fleming Sanders and David S. Way, Justices of the Peace, is an interesting item of history:
"The southeast fourth of the northeast quarter of Section three (3) in Township 85 north of Range 10 west of the 5th P. M., received fifty-seven votes for the county seat of Benton County; Lots No. 5, 6, 7 and 8 of the west half of Section 16, Township 85 north of Range 10 west of the 5th P. M., as shown by the plat made by the Trustees of Taylor Township, in the county aforesaid, made on the 17th day of March, 1848, had fifty-seven votes.
A Compact and Its Result By the terms of the act, if no point received a majority of the votes at the April election, the people were required to vote again in August. But the closeness of the vote in April alarmed those who had anticipated no serious opposition to their scheme of moving the seat of justice from Northport (Vinton) to a spot nearer the river. In April, both points voted for, received an equal number of votes. Mr. Bordwell was unavoidably called away on that day. He, had he remained at home, would have voted, as he says, in favor of the location on Section 3 which would have moved the county seat some distance father than was desirable. Something must be done. "Uncle Tom" Way had control of seven votes. At the April election, he had voted the "seven" in favor of Section 3. Should he repeat the operation in August, the result might be fatal to the hopes of the west side people. At this junction, John Alexander and John Royal went over to Way’s and remained there a day and a night, and at last made a solemn compact with "Uncle Tom," that if he (Way) would attend the election and vote his "seven" in favor of Lots 5, 6, 7 and 8 of the west half of Section 16 for the county seat, they (Royal and Alexander) would exert all their influence to elect him (Way) to the office of Treasurer and Recorder. The compact made, the high contracting parties shook hands across the head of a whisky barrel, and Alexander and Royal, elated with their success, returned to the future site of the capital of Benton County, confident that the election, so far as their wishes and interests were concerned, would result as they desired.
On the day of the election, "Uncle Tom," with his crowd and with the inevitable whisky jug slung over his shoulder, appeared, voted his "seven" as he had promised, and the canvass of the votes by Clerk Keyes and Justices F. Sanders and Charles Cantonwine showed the result as follows: Lots 5, 6, 7 and 8 of the west half of Section 16, township 85, range 10, received sixty-two (62) votes; the southeast quarter of the northeast quarter of Section 3, Township 85, Range 10, received twenty-five (25) votes. This settled the vexed question, and Vinton was no longer the county seat of Benton County.
Way had faithfully fulfilled his part of the contract. Were the other parties as faithful? The impartial historian is compelled to admit that the weight of evidence is against them; for, upon counting the votes for Treasurer and Recorder, it was found that Way had received only thirty-six votes, while his successful competitor, Johnson, received forty-four votes.
Fremont In November following, James Leverich, who had purchased the claim of Chauncy, laid out a town on the lots above mentioned, and called it Fremont, in honor of Gen. John C. Fremont, which became the capital of Benton County.
The First Court House was a small, two-story frame building, that stood on the southeast corner of the Public Square. The frame was put up, the roof covered, and the walls sided up before the town was platted (probably before he votes were taken as above), by Leverich and other friends of removal, as an inducement for the people to vote for that location. It thus stood, a mere shell, without floors, doors or windows, until 1851-2, when it was partially finished. A floor was laid in the lower story, doors and windows put in, so that the District Court could occupy it. The upper story was finished and divided into two rooms, in one of which the county offices were located. A flight of rough stairs on the outside of the building led to the second story.
The Election of 1849 On the 2nd day of April, 1849, Joseph Rouse was elected Recorder and treasurer, probably to fill a vacancy, over Aaron Haines, by a vote of forty-seven to forty-two.
The election in Canton Township was held at the house of Jacob Cantonwine, and l. F. North had eight votes and Charles Cantonwine seven votes for Justice of the Peace. "David Cantonwine had six votes, E. R. Buchanan had two votes, William Fish had four votes, William Saws had two votes, P. Kislinger had one vote," but for what office does not appear.
The abstract of the number of votes at the election for county officers on Monday, August 6, 1849, shows a slight increase of voting population:
For recorder and Treasurer – James Johnson had 44 votes; Thomas Way, 36.
For Coroner – George B. Pratt had 11 votes; C. J. Pitts, 1; Charles N. Moberly, 10; James Hamting, 1.
For Sheriff – Cyrus C. Charles had 45 votes; James Downs, 41.
For County Commissioners’ Clerk – James Johnson had 8 votes; George B. Pratt, 25; A. Cantonwine, 6; E. H. Keyes, 14; J. T. Simison, 1.
For Prosecuting Attorney – John Alexander had 10 votes.
For County Surveyor – I. D. Simison had 60 votes; D. Simison, 1.
For County Commissioner – Samuel M. Lockhart had 40 votes; L. D. Bordwell, 16; I. D. Simison, 1.
For Clerk of the District Court – I. D. Simison had 45 votes.
For Sealer of Weights and Measures – William Ball had 20 votes.
For Judge of Probate – John Alexander was elected; vote not given.
Resignation E. H. Keyes resigned the office of Clerk of the Board of County Commissioners, October 1, 1849, which would indicate that George B. Pratt, elected as above, declined to accept. W. R. Johnson appears to have been appointed Clerk pro tem.
The First Mill erected in Benton County was built on Mud Creek, about a mile and a half southeast of Fremont, in 1849. The enterprising proprietors were John Royal and Cyrus C. Charles.
Didn’t Ketchum Some time in 1849, a stranger accompanied by a woman appeared in Vinton. He gave the name of Ketchum, and soon after his advent engaged in the saloon business. Erelong a woman came to town, and gave her name as Mrs. Ketchum, the lawfully wedded wife of the saloon keeper, whom she had come to see. She did not propose to tolerate Ketchum's weakness for getting married while she was still able to get around. She was rather an energetic woman, for she had a warrant for her husband's arrest placed in the hands of Deputy Marcus Webb within two hours after her arrival. Webb made the arrest, took his prisoner before Justice Brubacher, and, having other business to attend to, left him in the custody of Constables Stanbury and Bob Quail. Doctor Buffum was engaged by the prisoner to defend him, and had gone with him to Justice Brubacher's. Pending the appearance of witnesses, a jug of whisky was sent for, and the Justice and the attorney for the defense sat down to play a friendly game of "seven-up." Quail having been out late the night before, went into an adjoining room, lay down, and was fast asleep. About the time Brubacher was two points ahead in his second game with Buffum, Ketchum asked permission to leave the room a few minutes, which Brubacher considerately granted. That was the last ever seen of Ketchum in Benton County. He had made good time. Diligent search was made, but he was beyond the reach of the officers. Brubacher was indicted at the next term of the District Court for keeping a gambling house, and both he and Buffum were indicted for gambling; but owing to informality in the papers, both were discharged.
In the Spring of 1850, Major Wood, of the regular army, encamped in the southeastern part of Iowa Township with two companies of dragoons and a detachment of infantry. The cavalry were commanded by Major Olmstead, and infantry by Major Johnson. The encampment was named "Camp Buckenough." This location was made a temporary depot of supplies which were being hauled form the Mississippi River to the stockade which had been ordered to be erected where Fort Dodge now stands. The command remained two or three months, when the battalion was divided, part being sent to Fort Leavenworth, and the remainder to Fort Dodge.
Elections of 1850 The Spring election in 1850 occurred on Monday, April 1. At this election, James F. Beckett was elected School Fund Commissioner and also Commissioners’ Clerk.
At the general election held August 5, 1850, the following county officers were elected:
County Commissioner – James Rice received 66 votes; his competitor, E. H. Keyes, 39—total, 105.
Charles W. Buffum was elected Clerk of the District Court, having received 40 votes; I. D. Simison, 26; William S. Read, 4, and John Brachen, 2, for the same office.
For Commissioners’ Clerk – James F. Beckett received 14, and James Johnson, 1.
For State Officers the vote of Benton County at this election was as follows:
For Governor – James L. Thompson received 46 votes; Stephen Hempstead, 58.
For Secretary of State – Isaac Cook received 55 votes; George W. McCleary, 51.
For Auditor of State – William H. Seevers received 51 votes; William Patter, 54.
For Treasurer of State – Evan Jay received 51 votes; Israel Kister, 55.
For Representative to Congress, Second District – William H. Henderson received 53 votes; Lincoln Clark, 54: total vote for Congressman, 107.
The Indians Although the Indians ceded a portion of the county to the United States in 1837 and the remainder in 1843, they roved over the country as late as 1854. They had a favorite camping place on the east side of the Cedar River, near Mr. Thomas Way's. The spot was chosen partly, perhaps, because "Uncle Tom" always had a good supply of fire-water. They came here every year and spent several days in celebrating some of their mystic rites, religious dances, etc. Upon one occasion, Mr. James Rice gave them a fine puppy, which they sacrificed to the Great Spirit with much ceremony, holding a war dance as a part of the exercises. The Indians were many times accused of committing depredations of which they were not guilty. They were very convenient scapegoats for horse thieves. Berry Way, "Uncle Tom's" renegade son, used to steal and run off their ponies during their annual encampment near his father's house. Stealing them during the night, Berry would always be at home the next morning, and when the "reds" entered complaint, he was on hand to assist them in efforts to discover the missing animals, but always sent them on the wrong trail.
Berry Way and another young man, well known thieves of Benton County, made a trip through Black Hawk County in March, 1846, stopping all night at a logging cabin, built by "Cedar" Johnson a year or two before, near Big Creek, then occupied by James Newell. The next morning they proceeded up the river to the vicinity of the Turkey Foot Forks; spent that night with "Big Wave," a prominent Winnebago Chief, and to requite his hospitality, stole two valuable horses from him before daylight in the morning. About twenty of Big Wave's band pursued them, and found them at a singing school near Center Point. They threatened to shoot the trio, but the settlers interfered, and persuaded the Indians it would be best to place the thieves under arrest and let the law take its course. The scoundrels were accordingly confined in jail at Marion, but soon after escaped.
The Dark Ages On the confines of American civilization, as its resistless tide swept onward toward the setting sun, and its waves broke against the boundaries of Indian territory only to gather new strength, overleap them and rush onward to the next barrier, there were always hovering, like spies in advance of an invading army, a swarm of bold, reckless, adventurous and enterprising spirits, many of whom were criminals. The broad, untroden prairies and the trackless forests furnished admirable refuges for those whose crimes had driven them from companionship with honest and law-abiding people, to seek both safety and immunity beyond the reach of Sheriffs and courts of law.
Hovering there, where courts and civil processes could afford but a weak bulwark of protection, or none at all, against their evil and dishonest purposes and practices, the temptation to prey upon the comparatively unprotected sons of toil, rather than to gain a livelihood by the slow process of honest industry, has often proved too strong to be resisted. Some of these reckless characters sought the outskirts of advancing settlements for the express purpose of theft and robbery; some, because they dare not remain within reach of efficient laws; others, of limited means, but ambitious to secure homes of their own, and with honesty of purpose, exchanged the comforts and protection of law afforded by the old, settled and populous districts for life on the frontiers, and not finding all that their fancy painted, were tempted into crime by apparent immunity from punishment, or driven to it for protection against their immediate neighbors. In new countries, the proportion of the dishonest and criminal has often been greater than in the older and better regulated communities where courts are permanently established, and the avenues of escape from punishment for wrongdoing more securely guarded.
When the whites first began to enter upon and possess "the beautiful land" west of the Mississippi, there were but two counties north of the State of Missouri and west of the "Missis-Sepo" – The Mighty River. These were Dubuque and Des Moines. They extended from the flag-staff at Fort Armstrong, fifty miles westward, and from Missouri State line northward to the line of the neutral ground, or Winnebago Reserve. It was a vast extent of country, which afforded secure concealment for a horde of outlaws and desperadoes who preceded permanent settlement, and sought abiding places on the extensive western boundary of these two counties, as near the Indians as they could dwell in safety.
And when the rich prairies, away from the immediate vicinity of the Mississippi, began to attract honest immigration, the earliest settlers generally found these characters in advance of them, and others came to remain for a season in the midst of the industrious, toiling pioneers, to prey upon their substance, knowing full well that in the then unorganized condition of society, they were sure of comparative freedom and immunity from detection and punishment.
In 1837, when the second Indian purchase in Iowa was made, again there was a gathering of these reckless, daring law-breakers on its western confines. About that time, the country began to be flooded with counterfeit money – in fact, it is said, there was more counterfeit money than there was of good. Occasionally – and the occasions were rather more frequent than angels’ visits – a horse would be stolen. No one could tell where the counterfeit money came from, not where the stolen horse was hidden. At last horse stealing became so general and was so successfully prosecuted that when a farmer missed a horse from his stable or his pasture, he never hunted for him beyond a half mile from his premises. It was useless, the gang was so well organized, and had such a perfect system of stations, agents, signs and signals.
As has been shown, a strip of land on the east side of this county, comprising about one Range (9th) of townships, was embraced within the limits of "one million, two hundred and fifty thousand acres" purchased by the government of the United States from the confederate tribes of the Sac and Fox Indians, at a treaty held at the City of Washington September 21, 1837. This part of the county was open for settlement, therefore, for about six years before the remaining portion was vacated by the Indians, May 1, 1843. The land was not surveyed, and very few settlers located in the county prior to 1843. Shortly after the Indians were removed, in May of that year, settlements began to increase, and as the county began to be more populous, a number of persons settled in Linn County, and some of them over the Linn County line, on the strip above mentioned, whose habits and practices gave rise to the suspicion that they belonged to a regularly organized gang of law breakers, horse thieves and counterfeiters. They had no visible means of support, and were almost constantly coming and going, wore good clothes – that is to say, they dressed better than the honest, toiling farm makers – had plenty of money, and were ready at all times and on all occasions to pay their way.
These people were shrewd, cunning and secret in their business maneuvers. To their immediate neighbors they were obliging, kind, and charitable where charity was needed. They wore an outward garb of respectability, and so hedged themselves as to escape detection and exposure for many years.
Nor was this bold and illegal organization of recent date, nor was it born on Iowa soil. During the Revolutionary war the lion-hearted colonists had not only to contend with the forces of George III and his Hessian mercenaries, but with a lass of craven spirits at home who fought on the side of the King, and were called Tories. These were seldom met in pen field, but their work was robbing, plundering and murdering the unprotected families of the patriot soldiers under Washington. Full of intense hatred against their rebel neighbors who were fighting for liberty and a government of their own, when the war ended and this became a free and independent nation, these Tories and guerrillas of Virginia and Pennsylvania sought refuge on the frontiers west of the Alleghenies, became outlaws and thieves, perfected an organization, and from that day until the present they and their descendants have gradually retired before the Westward march of civilization, preying upon the industries of the pioneers of Ohio, Indiana, Illinois, Iowa and Nebraska in turn. About eighty years ago, a party of them removed to the frontiers of Ohio, and established their stations form the southeastern part of that State to Indiana; nor did the gang become extinct there until about 1848.
About fifty years ago, John Brody, Bill Driscoll and others, driven at last form the Clear Fork of the Mohican River, in Richland (now Ashland) County, Ohio, about 1830-2, sought refuge in Steuben County, Indiana. In two or three years, however, they, in connection with others of the gang, became so notorious as to arouse the entire country against them, and they were again forced to leave a region that had become too warm for them, and flee Westward. About 1835 they found their way to the Rock River country, in Illinois, and Brody settled in a grove since and still known as Brody’s Grove, in Dement Township, Ogle County, Ill. For a time that entire region was completely under the control of the gang. They elected Justices of the Peace and Constables, and generally had supreme control of affairs. One of them, Charles Oliver, came very near being elected Justice of the Peace in Rockford, and in 1843, the same Charles Oliver was one of a party that robbed the store of David Bierer, in Colesburg, Delaware County, Iowa.
At last, however, the honest settlers organized themselves as Regulators or Vigilantes, determined to rid themselves of the gang. Two of the Driscolls were tried, condemned and shot by about 500 infuriated settlers, and Brody and other suspected members of the brood were warned to leave the county. They left at once, and, true to their instincts, they came west across the Mississippi and settled in the valley of the Cedar, establishing their stations in almost every settlement in the Territory. Brody and his sons, John, Stephen, William and Hugh, as stated in the History of Cedar County, "were among the first settlers in Linn County, in 1839, where their houses became refuges and hiding places for their accomplices in crime and villainy." In 1843, Stephen, Jesse and Hugh Brody and David Wilson, whose brother (a member of the gang) was shot by a party of settlers on the prairie in the southwestern part of Delaware County, and some others established themselves in Benton County. Of the Brody family who settled in Benton, Hugh alone had the reputation of being a decent citizen. "The principal thing against him," says an old settler, familiar with the history of the county, "was that he would sometimes go bail for his brothers when they were caught." But this was only natural.
In Cedar County, Squires, Conlogue, Stoutenberg (alias Case) and Gove were members of the band; and in Linn, Joel Leverich was one of the leading spirits. Chancy Leverich, who built the first cabin o n the present site of Vinton, was also generally supposed to be intimately connected with it.
This gang operated over a large scope of country, and with so many members located in Cedar, Linn, Benton and other counties, such secure hiding places, and so many of the gang coming and going, it is but little wonder that the people came to live in constant fear and dread. But the villains worked so cautiously and secretly as to be almost past finding out. Horse stealing became so common that a man who owned a good horse never presumed to leave him over-night in an unlocked stable, and, in many instances, farmers and horse owners slept in their stables with their rifles by their sides.
These outlaws, systematically engaged in horse stealing and other illicit occupations generally indulged in by frontier banditti, acquired such power and influence in the county, as, for a time, to force a suspension of all law and judicial proceedings. The three or four years prior to 1851 are generally referred to by old settlers of Benton County as the "dark ages."
From the time of the assembling of the last court in 1848 until the first court in 18151, the horse thieves were in the ascendancy, and threatened summary vengeance on any and all persons who should dare to assist in any attempt to recover stolen property, and boldly asserted that no officer dared to enforce the law against them. They were found on the juries, they sometimes elected Justices of the Peace and Constables, and generally had their own way. Their open and bold defiance of law and their numerous depredations at last aroused the people, who, convinced that the law was powerless to protect them against the depredations of the gang, determined to protect themselves. Meetings were held in many of the counties, and in the counties of Clayton, Delaware, Buchanan, Linn and Benton, an organization was perfected called the Regulators, or Vigilance Committee. This, for a time, put some check upon the movements of the horse thieves; but even this was soon defied, especially in Benton County, where there were but few members of the organization, and the condition of the people became deplorable indeed. There were no courts in the county for three years, and some of the leading men were doing all they could to deter Judge Carleton from coming to the county to hold court. The horse thieves defied law and Regulators, or "lynchers," as they came to be called, and the Regulators defied the horse thieves and took the law into their own hands. Every person visiting the county was spotted and watched. If he called at the cabin of any of the gang, or if suspected of sympathizing with them, he was promptly dealt with. The Vigilance Committee was organized for the purpose of aiding in the arrest and conviction of offenders; but it was soon found that while it was easy to arrest them, they almost invariably escaped the just penalty of their crimes. Consequently, the Regulators soon wearied of the farce, took the law into their own hands, and inflicted swift, summary, and not always deserved, punishment.
During the "dark ages," the Sheriff of Linn County would frequently attempt to make arrests of desperadoes having their headquarters in this county, and numerous encounters, affrays and knock-downs are related. On one occasion it is related that the Sheriff had arrested one of them, who submitted quietly, but asked permission to go to his brother’s house for some clothes. The Sheriff, who seems to have been childlike in his confidence and unsuspicious of danger, granted the request, and accompanied the prisoner to the house; but no sooner had he entered than the prisoner grasped a skillet-handle, with which the confiding Sheriff was knocked down and beaten nearly to death, after which the brothers coolly saddled their horses and rode off.
But statements of this character very soon lose their original truthfulness, and the careful historian, in sifting them, always finds more or less of additional tradition mingled with them.
After a time, it came to be that between the horse thieves and robbers on the one side, and the self-styled "Regulators" or "Vigilance Committees" on the other, no peaceable, law-abiding citizen was safe from molestation. For three years, courts were not held in the county, and some of the officials were suspected of being in sympathy with the thieves and robbers, while others wren known to be active members of the "Regulators." For a time, it was uncertain which party was the most damaging to the county, as both of them often prevented the peaceable administration of the aw, and under one pretext or another postpones the holding of courts and the performance of other official duties by the regularly elected officers of the county. While many of the best men were connected with and active members of the "Regulators," yet a number of the thieving gang joined them, the better to conceal their operations, and to obtain an opportunity of wreaking vengeance upon the heads of some innocent party who had thwarted them in their plans.
At last, the better class of people, who had brooded long over their wrongs and sufferings, determined to submit no longer. They held secret meetings, which finally resulted in the adoption of res
